The Perpignan player, Armand Batlle (No 23), has been suspended for four (4) weeks following a Disciplinary Hearing in Dublin today, Thursday, 19 January 2012, as a result of the citing complaint made against him arising from the Amlin Challenge Cup Round 5 match against Newport Gwent Dragons on Saturday, 14 January 2012.
The complaint was made by Citing Commissioner, Alberto Recaldini (Italy), and was for an alleged dangerous tackle on the Newport Gwent Dragons out-half, Matthew Jones (No 10), in contravention of Law 10.4(j) during the second half of the match at Stade Aimé Giral.
The independent Judicial Officer, Simon Thomas (Wales), heard evidence and submissions by telephone from Batlle, who accepted that he had committed a dangerous tackle, and Pierre Becque of Perpignan. The Judicial Officer also heard evidence and submissions from Battle's legal representative, John O'Donnell SC, and ERC Disciplinary Officer, Roger O'Connor who both attended the hearing in person.
Employing the IRB recommended sanctions for Law 10.4(j), the Judicial Officer decided that the offence was at the mid-range entry point of six (6) weeks. In reference to the IRB's directive on this pattern of offending (ie tip tackles), he added two (2) weeks to the period as a deterrent. Then having taken into account the player's excellent record, remorse and exemplary conduct during the hearing, he granted the player the maximum mitigation of four (4) weeks before imposing a suspension of four (4) weeks.
Batlle will be free to play on Monday, 13 February next. Both the player and ERC have the right to appeal the decision.
Law 10.4(j) - Lifting a player from the ground and either dropping or driving that player's head and/or upper body into the ground whilst the player's feet are off the ground.
Under the IRB Recommended Sanctions for Offences Committed within the Playing Enclosure, Law 10.4 (j) carries the following penalties: Low End: 3 weeks; Mid Range: 6 weeks; Top End: 10+ to 52 weeks.
NOTES
i) Citing Commissioner
a) Citing Commissioners are appointed by ERC for all Heineken Cup and all televised Amlin Challenge Cup matches and shall be entitled to cite a Player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted a citing.
b) For such matches Clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 24 hours of the conclusion of the match.
c) The Citing Commissioner will have 50 hours from the start of the game to make a citing. In exceptional circumstances this deadline can be extended.
d) The ERC Disciplinary Officer, Roger O'Connor, may forward the submitted Citing to a Citing Officer to determine whether there are sufficient grounds for the citing to progress.
e) The Disciplinary Officer will then bring a charge against the cited player.
ii) Disciplinary Hearing
a) Citing hearings will be heard by an independent Judicial Officer as soon as is practicable. Until the hearing a cited player is eligible to play in ERC tournaments.
b) The independent Judicial Officer is chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
c) ERC's Disciplinary Officer, Roger O'Connor, presents the case against the player
d) Both parties to the hearing (ERC and the player) have the right to appeal decisions of the independent Disciplinary Hearing. Appeals must be lodged within 3 business days of receiving the full written decision from the Chairman of the independent Disciplinary Committee.